LAWS(DLH)-2012-4-116

UNITED INDIA INSURANCE CO LTD Vs. BUCHIYA DEVI

Decided On April 11, 2012
UNITED INDIA INSURANCE CO. LTD Appellant
V/S
BUCHIYA DEVI Respondents

JUDGEMENT

(1.) SINCE there is no breach of the policy conditions, service of Respondents No.6 and 7 is dispensed with.

(2.) THE Appeal is for reduction of compensation of Rs. 35,01,369/- awarded for the death of Ram Avtar Singh who died in a motor accident which occurred on 27.07.2010.

(3.) ADMITTEDLY, the deceased was aged 46 years on the date of the accident. Thus, the increase would be restricted to only 30% in view of Sarla Verma(supra). It goes without saying that Income Tax has to be deducted from the actual income to compute the loss of dependency. In view of the above discussion, the loss of dependency comes to Rs. 28,19,934/- (Rs. 2,29,480/- -7000 (Income Tax) + 30% X 3/4 X 13).